In order to bring a case for the offence of cheating under IPC section 420, it is not merely satisfactory to prove that a false representation had been made, but it is further necessary to prove that the representation was false to the knowledge of the accused and was made in order to deceive the complainant. When the authorities themselves found after investigation that the accusation made by Ashwani Kumar in his complaint was false, it is for them to initiate proceedings immediately or within the prescribed period as provided under Section 468 Code of Criminal Procedure. Situation- When a person with the intention of causing injury commences any false criminal proceedings or makes any false charge against any person, then the person is liable under Sec 211 of IPC. Situation—When any person by misusing his legal authority, wrongfully commits any persons for trial or wrongfully confine such person. The Court can grant the Anticipatory bail taking into consideration following factors-. After Filing charge sheet by the police – If the charge sheet has been filed on the basis of frivolous FIR, and the case is committed to session judge and before commencement of trial, the accused can file a discharge Application u/s 227 of Crpc, in order to get discharged from the offence charged with on the basis of false FIR against him on the following grounds–. Ltd. All Rights Reserved. In Munna LaI vs. State of H.P. It was held that when the petitioner approaches the police for the registration of FIR, the police is under a statutory duty to register a cognizable offence and therefore cannot deny to register it and has to register it in the form in which it receives and then starts an investigation. They are not recommendations to engage or consult any lawyer. A male friend was arrested on grounds that he had borrowed 1 lakh rupees from a girl and promised marriage. A2A: As per the law laid down by Hon’ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab (AIR 2008 SC 1969), both high court and the district courts are empowered to dismiss the case and record compromise. A male friend was arrested on grounds that he had borrowed 1 lakh rupees from a girl and promised marriage. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA, I have been in a accident in kerala. Repeat this process several times. The trial cannot be commenced against the accused because of insufficiency of evidence on record. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details.

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